Tag Archives: abortion

The Venus Flytrap: Women Infantilised By Society And Law

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A young Indian woman named Hadiyah, moved and perhaps given meaning by a faith other than the one she was born into, decided to convert. She eventually signed up on a matrimonial website that would allow her to find a like-minded partner. Despite Hadiyah being 24 years old, and despite the fact that Kerala high courts had rejected two petitions filed by her father claiming she had been forcibly converted, a third such petition resulted in her marriage being annulled – and her being sent into parental custody with this infantilising statement: “A girl aged 24 years is weak and vulnerable, capable of being exploited…”. The Supreme Court has since ordered an investigation into the marriages of formerly Hindu women to Muslim men as a potential terrorist conspiracy.

The concept of “love jihad” is not only Islamophobic, it is also a clear insult to all women. And with violent overtones: recent reportage has revealed some truly terrifying tactics including kidnapping, coercion and even drugging women (at an Ernakulam hospital) so that they comply with their parents’ wishes. In every such scenario, the freedom of an adult woman to make her own choices is either questioned or curtailed. It is also worth iterating that marital rape is not criminalised in India. Marital rape cannot exist in this worldview because women’s autonomy – the right to reject or consent – does not exist. She is her family’s, community’s, state’s – or in a panchayat-style redressal, her rapist’s – property. A woman in India can’t assuredly choose or refuse a partner, but a man can rape his wife under protection of law.

Another recent case involved Irom Sharmila, who ran for election in Manipur after a 16-year hunger strike. After defeat at the polls, she retreated from public life and reportedly found solace in Kodaikanal. But when she announced her engagement to her long-term partner, the welcome proved to have been short-lived. A Tamil Nadu-based Hindu group filed a petition to keep her from marrying there, alleging that the city’s security would be at stake. Oddly, it was marriage – the antiquated notion of “settling” – that had roused the petitioners.

To these two high-profile cases relating to marriage, mobility and the denial of adult women’s agency, here’s a third one that suggests how such a societal milieu comes about and is maintained. Earlier this year, the Supreme Court denied an abortion to a 10 year old who had been raped by her uncle, ignoring medical experts’ caution that the risks presented by a late-term termination were outweighed by the risks of carrying the foetus to term and undergoing childbirth. (Abortion is legal up to the 20th week, after which special permission must be given). She gave birth via caesarean section last week. According to reports released after the delivery, the survivor was never told that she was pregnant, but that she had a “stone” in her stomach. This can only mean that despite having undergone the horrors of rape, she continues to be denied basic sex education, or the right to information. Neither her body nor her mind have been treated with respect.

She gave birth to another girl. And so the cycle continues.

An edited version appeared in The New Indian Express on August 24th 2017. “The Venus Flytrap” appears on Thursdays in Chennai’s City Express supplement.

Beyond Pro-Life and Pro-Choice: Abortion in India

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I’m now a regular contributor at Ultraviolet, the only (and possibly first) Indian feminist collablog. This post was cross-posted there, so comments are off here.

Not all of us may agree on whether or not abortion is ethical. Some may feel that it is sinful, but a subjective choice nonetheless. Others may approve in theory but with a dose of “abortion guilt”, to use Naomi Wolf’s term. Still others, I realise, may condemn it altogether. But wherever we stand personally on this spectrum of opinion, the fact that abortion (legal or not) is inevitable in any society should be regarded as the foundation of one’s argument. And as feminists, a certain understanding that real women’s lives hang in the balance between ideologies is a must. Simply put, in the absence of safe and legal abortions, hundreds of thousands of women a year would die or suffer bodily harm as a result of unsafe, illegal ones.

Recently, many American feminists celebrated the 35th anniversary of Roe vs. Wade, the landmark case that led to the overturning of all laws in the United States that restricted or banned abortion. The new decision came into effect on January 22nd 1973, continues to be a heatedly-argued statute, and has come under threat since. (Do look up Cecilia Fire Thunder for a great example of feminist courage under fire in this issue).

Here in India, the Medical Termination of Pregnancy Act was enacted in 1971, came into force the following year, and was revised in 1975. Because the law also provides for abortion in the event of contraceptive failure, all pregnancies –- not just those that endanger the health of mother or foetus, or resulting from rape –- can be terminated legally. Technically, any woman above the age of 18 can have an abortion with nobody’s consent but her own and her doctor’s.

When I came across this fact, I was thrilled by how sex-positive and decidedly unpatriarchal it is, and how lucky we are that it is so — but only for a moment. Like several of our laws designed to directly impact the lives of women in ostensibly positive ways, what is real on paper is not nearly as effective in practice. As with laws forbidding dowry or prenatal sex testing, or encouraging panchayat inclusion or girls’ education, such democratic protection when it comes to reproductive rights is not something that translates to the reality of the majority of Indian women’s lives.

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